Category: King County

Controversial Officer Gets Short Suspension for Shattering Driver’s Window; Woodland Park Sweep Houses Four People; County Councilmember Dunn Votes “No” on Choice

1. Last month, Seattle’s Office of Police Accountability, which investigates allegations of officer misconduct, dismissed most of a complaint filed by a police lieutenant against SPD officer Andrei Constantin, who deliberately shattered the window of a car parked at a gas station while the driver and a passenger were inside. Of five allegations, including charges of retaliation and dishonesty, the OPA upheld only two—failing to document the smashed window and behaving unprofessionally. As a penalty, Police Chief Adrian Diaz issued an eight-day suspension.

If Constantin’s name sounds familiar, that’s because this isn’t the first time his actions have landed him in the press. In 2020, Constantin was outed as the person allegedly responsible for an anonymous Twitter account that, among other inflammatory statements, mocked victims of police violence, including George Floyd, promoted violence against protesters, and called for donations to a defense fund for a driver who killed a demonstrator on I-5 in the summer of 2020.

Since that controversy, police accountability watchdogs have unearthed at least four other OPA complaints against Constantin, many of them containing multiple misconduct allegations, in the last five years. Many of those resulted in referrals for training rather than suspensions or more serious punishment. The complaints identified on the SPD.watch website, a joint project of DivestSPD and Tech Bloc Seattle, included: Pulling over a driver without justification, pointing a gun at him, and handcuffing him; threatening to use his Taser on a man who was not being threatening; stopping a homeless Black bike rider and detaining him for nearly an hour because he wasn’t wearing a helmet; and a use-of-force allegation that the OPA hasn’t yet resolved.

According to the OPA report on this latest incident, Constantin saw a car parked at a gas station, ran driver’s plates and determined that the title to his car hadn’t been transferred when it was sold. When Constantin approached the car, the driver, who was Latino, got back in the car and rolled up the window, according to the report. At that point, Constantin “used a hard object to strike and shatter the driver’s side window” while the driver and a passenger were inside. In his own report on the incident, Constantin withheld the fact that he had smashed the person’s window.

A disciplinary action report recommending the suspension noted that Constantin had been disciplined for misconduct twice before. “[Y]ou did not have probable cause to arrest or any basis to engage in a vehicle pursuit. Despite this, you destroyed a community member’s property,” the report says. “That is an act akin to vandalism done under the purported color of law.”

2. The site of a longstanding encampment in Lower Woodland Park was quiet and mostly empty on Tuesday afternoon, save for a group of volunteers trying to start a vehicle and push it out of the park. Piles of pallets, tarps, and trash were the only evidence that dozens of people had been living on site for months, many of them as recently as a few hours earlier.

More than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

By 2pm, workers with the city’s Parks Department had surrounded most of the former encampment site with caution tape and posted large “PARK TEMPORARILY CLOSED” signs at the entrances to the area; parks employees stationed at the east end of West Green Lake Way asked drivers entering the area where they were going.

The city has spent five months doing outreach at the park and offering shelter beds to people on a “by-name list” of those who were living on site back in February. Since then, dozens more have arrived who were not on that original list, including at least some who moved to the park because they heard it was scheduled for a sweep, effectively unlocking city services that are not available at other encampments. The HOPE Team, run by the city’s Human Services Department, has exclusive access to about a third of the city’s shelter beds, which it offers to people living in encampments in the runup to sweeps.

According to Mayor Bruce Harrell’s office, the city’s HOPE Team made 83 offers of “shelter or housing” to people living in the park, including most of the people on the original 61-person list. Seventy-nine of those offers were for shelter; just four people moved into permanent supportive housing. Other than the four housing referrals, the city does not have data on how people actually enrolled in shelter.

The goal since the onset of this coordinated engagement was to ensure that everyone residing onsite received an offer of shelter and that the vast majority were  connected to the best-suited shelter and support services,” Harrell spokesman Jamie Housen said. As of Tuesday morning, the city had 42 shelter beds available for those who remained on site; 27 accepted referrals, including 20 referrals into tiny house villages run by the Low-Income Housing Institute. 

As always, people who receive “referrals” do not necessarily show up and stay at a shelter, and people who enroll in a shelter within 48 hours—”enrollments,” in the city’s nomenclature—do not necessarily stay there. (More on the HOPE Team’s low shelter enrollment rate here). And media reports, like this one, that claim dozens of people moved into “housing” are, at best, misleading, since more than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

One reason the city was able to offer so many shelter beds—particularly tiny house village spots, which are in high demand—is that they reserved spots specifically for this encampment removal; the referral rate is not representative of the number of beds available to the HOPE Team on a typical night, nor is it close to the number accessible to nonprofit outreach groups like REACH, which access shelter beds through a separate pool.

According to HSD spokesman Kevin Mundt, the Low-Income Housing Institute made about 30 of its shelter beds available to people living in Woodland Park, including 16 spots at tiny house villages.

The park will be closed until next Monday, according to Housen, so that Parks employees can “focus on returning the park to its intended use (access to recreation, hosting events and sports, and sustaining critical natural area).”

3. King County Councilmember Reagan Dunn, currently running as a Republican against Democratic US Rep. Kim Schrier in Washington’s 8th Congressional District, cast the lone “no” vote against a resolution supporting women’s right to choose and affirming the validity of the 1973 Roe v. Wade decision, which the US Supreme Court is poised to overturn. Even the council’s other Republican, Pete Von Reichbauer, voted to support the measure after several council members, including women and gay men, spoke passionately about their support for the right to abortion as well as other rights that could be threatened if Roe goes away, such as the right to same-sex marriage.

Dunn did not explain why he voted against the measure, which “declares [the council’s] support of a woman’s right to reproductive freedom and of Roe v. Wade as settled law of the land” and asks the health department to “actively enforce” existing law regulating so-called “crisis pregnancy centers”—sites run by religious groups that attempt to talk pregnant women into going through with their pregnancies.

Dunn, a moderate by contemporary Republican standards, is up against several more conservative primary-election challengers peddling conspiracy theories and touting their support for Trump. Still, his vote against a nonbinding pro-choice resolution places him out of the mainstream of Washington politics, and could alienate many voters in his district; Schrier, a Democrat, ran against anti-choice Republican Dino Rossi and won on an explicitly pro-choice platform.

Council Funds Police Hiring Compromise, More Delays In Store for Civilian 911 Response, and Sheriff Questions Impact of Hiring Bonuses

1. It’s easy to forget, after the charged backlash election of 2021, that there was a time when the city seemed ready to rapidly replace some police officers with civilian first responders, particularly for low-level crisis calls that are often made far more dangerous by the presence of cops with guns. Since 2020, when protests against police violence galvanized Seattle officials to make pledges to reduce the size of the police force, the city has taken a hard turn toward the rhetoric and policies of an earlier era, one characterized by ever-expanding police budgets and support for law-and-order policies

On Tuesday, the city council’s public safety committee voted to release $1.15 million in unspent funds from the police department’s 2022 budget to help address a level of attrition on the force that several council members described as a crisis. The legislation was a compromise between two proposals by committee chair Lisa Herbold and Councilmember Sara Nelson, who has argued that hiring bonuses (and police spending generally) will help keep Seattle residents safe.

Nelson, who had tried to introduce an ordinance releasing all the money SPD won’t spend this year (about $4.5 million) because the council provided more money for new hires than SPD can spend, said “people are dying” because there aren’t enough police, adding that “our community gatherings” are also “at stake” if the city doesn’t hire more officers quickly.

The compromise measure the council adopted will pay for a new SPD recruiter, relocation expenses for officers moving from elsewhere, an ad campaign to recruit new officers, and a national search for a permanent police chief. Only council budget chair Teresa Mosqueda voted against the plan, arguing that there are other actions the city could take to improve public safety besides a recruitment campaign for police, such as funding shelter and behavioral health services.

2. Mosqueda and most of the current council (though not Nelson) were around in 2020 when the council began discussing ways to replace police with civilian responders for some 911 calls, such as calls about people passed out in public or those experiencing certain kinds of health emergencies. Although the Seattle Fire Department has two Health One units to respond to some medical crisis calls, another response unit called Triage One never got off the ground, thanks in part to a dispute with the firefighters’ union over civilianizing a body of work that has been the job of firefighters.

On Tuesday, SPD data crunchers and Mayor Bruce Harrell’s public safety advisor, Andrew Myerberg, gave the public safety committee an update on the halting progress toward launching an initial pilot program to send civilian responders to certain kinds of calls. Very quickly, though, it became clear that the police department believes that the data the city previously based its support for civilian response—a report by the National Institute for Criminal Justice Reform, which found that at least 12 percent of all 911 calls could be transferred to civilian responders right away—is misleading and unreliable.

“Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years.” —City Councilmember Andrew Lewis

“We don’t believe that was a responsible analysis, and they did not taken into account many of the variables that are critically important to safely answer these calls,” SPD chief operating officer Brian Maxey said. In particular, Maxey and SPD senior research scientist Loren Atherley took issue with the fact that the numbers in the NICJR report (called “Nick, Jr.” for short) didn’t include data about how various call types turned out—for example, whether a call for what seemed like a low-acuity health issue resulted in violence.

The SPD researchers said that before the city can move forward with any kind of pilot program, they need to spend months analyzing actual call data and running it through a complex matrix to determine how risky each call type is in practice; then, and only then, will it be safe for SPD to consider letting people other than armed officers respond to some calls. As an example, Atherley said, the NICJR report only identified 300 types of calls; SPD’s analysis, in contrast, shows that the 400,000 or so 911 calls each year break down into 41,900 different categories. “Policing … has been attempting to find an avenue towards a differential response since the late 1950s,” Atherley noted.

Councilmember Andrew Lewis, who since 2020 has been promoting Eugene, Oregon’s CAHOOTS mobile crisis intervention model as something Seattle could try to emulate, asked why the city couldn’t look at other cities that have already moved toward alternative 911 response models and try to learn from them. “Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years,” Lewis said.

After the meeting, Lewis said he was encouraged that Myerberg, from the mayor’s office, seemed open to a future pilot program that could launch before SPD finishes its data analysis. “One important point Myerberg made was that we’re not going to necessarily have the cadence of this work be based on the police department” and its schedule, Lewis said.

However, Seattle Police Officers Guild president Mike Solan told Q13 FOX this week that he believes any change that would allow non-police officers to respond to 911 calls would be a subject for mandatory bargaining in the new police contract. SPOG is reportedly already playing hardball about other issues in the contract, including any changes that would subject the police to greater oversight.

3. At a King County Council committee meeting Tuesday, King County sheriff nominee Patti Cole-Tindall noted that the sheriff’s office had provided hiring bonuses to 20 new deputies, including four lateral hires, since the beginning of 2022—not nearly enough to outpace the 47 commissioned officers who left involuntarily or resigned after deciding not to get vaccinated against COVID-19. Overall, 98 sheriff’s deputies and professional staff applied for exemptions from the vaccine mandate; most (81) were requests for religious exemptions.

Council member Reagan Dunn, who opposed the vaccine mandate, asked whether the county should do more to fund more bonuses and incentives for new officers. “In terms of the recruiting,” Cole-Tindall responded, “our signing bonus is great, but we know that Everett and Kent offer $30,000. I’m not convinced that that’s what has somebody coming to an agency. I think it’s more about the culture. It’s more about the opportunity. “

Homelessness Authority Budget Debate Raises Old Questions About Power of Elected Officials

Chart of King County Regional Homelessness Authority budget scheduleBy Erica C. Barnett

The King County Regional Homelessness Authority agreed earlier this month to a last-minute schedule change that will give its governing board, which includes elected officials from across the county, 12 days to look at its proposed 2023 budget before it moves forward to Seattle and King County budget writers next month. The changes came after several governing board members raised questions about a proposed timeline that gave the governing board no direct say in the budget process.

Originally, the authority planned to have its implementation board approve the budget, and transmit it to the city of Seattle and King County—the KCRHA’s two funders—in mid-April. This board, which includes members of the Lived Experience Coalition and homeless advocates, is authorized to consider the proposed annual budget and raise questions or ask for changes.

The authority later pushed that timeline up to mid-May, with approval by the governing board in June. Under either schedule, the implementation board would have a very short period to debate or “develop and recommend” the budget—one of its main duties under the agreement that established the KCRHA—and the governing board would have had to approve (essentially rubber-stamp) the budget after it went to the city and county, the two entities that actually fund the authority.

Redmond Mayor Angela Birney and Auburn Mayor Nancy Backus, both on the governing board, raised concerns about the schedule; because neither city contributes to the KCHRA’s funding, the governing board meeting will be their only formal opportunity to weigh in the budget. Approving or amending the budget is “the only job that we have,” Backus said at a recent governing board meeting, “and so allowing us time to provide adequate attention to the documentation that we receive is critical.”

Elected leaders at the county and suburban cities pushed for more power and won that battle. Now many of those same leaders, sitting the governing board itself, want to exercise their authority—as do Seattle officials who were initially on the opposite side of this debate.

Seattle City Councilmember Lisa Herbold also argued the governing board should get more time to review the budget before forwarding it to the city and county for approval. “It seems like we should get the recommended budget earlier, so that we have some time to have a real discussion … and have the chance to ask questions and understand the strategies and outcomes that the budget will be supporting so that we can best champion the budget request when it comes time” to fund the authority through the city’s budget process in the fall, Herbold said.

The council, which approved joining the authority on an 8-1 vote in 2019, originally wanted to give the governing board significantly less power than it now has—preferring an earlier proposal for structuring the authority, drafted largely by current KCRHA director Marc Dones in their role as director of a consulting firm called the National Innovation Service, that would have essentially required the governing board  to rubber-stamp decisions made by a separate “steering committee” made up of experts on homelessness. The idea behind the original proposed structure was to “insulate” the authority from political influence by elected officials.

Elected leaders at the county and suburban cities pushed for more power and won that battle. Now many of those same leaders, sitting the governing board itself, want to exercise their authority—as do Seattle officials who were initially on the opposite side of this debate.

One thing that has changed since 2019 that could be contributing to that impulse is that the KCRHA’s first budget did not go smoothly. Last year, some council members felt blindsided by the KCRHA’s request for $26 million in additional funding to build a new downtown shelter for high-acuity clients and hire 69 specialized case managers called peer navigators. Although Seattle increased its contribution to the KCRHA substantially—to around $100 million—the council declined to fully fund the new requests, asking the authority to come back with a more detailed plan for them to consider. Instead, the KCRHA got funding from private companies for the peer navigators, and the county announced it was funding a high-acuity shelter in SoDo earlier this year.

Metro Wants to Get Rid of Cash Fares. But Will Vulnerable Riders Be Left Behind?

Chart showing Metro fare revenue by fare typeBy Erica C. Barnett

Sometime in the not-too-distant future, King County Metro plans to rip out its existing fare boxes, which accept cash, tickets, and ORCA transit passes, and replace them with a cash-free payment system—part of a long-term plan to expedite boarding, integrate the county’s bus system with Sound Transit, and reduce conflicts between riders and drivers. “Every second you save at the curb is money you can reinvest at keeping service operating,” said Carol Cooper, Metro’s Market Innovations Section manager.

But going cashless could end up reducing access for some Metro riders, including low-income and homeless customers, infrequent riders, people with disabilities, and those who don’t speak English—to name just a few groups for whom buying and using ORCA cards can be a challenge. “There’s a great deal to be gained by ensuring that more people get ORCA Lift [low-income passes] and other subsidized ways to ride, but I don’t think those can wholly replace cash in the system,” Seattle/King County Coalition on Homelessness director Alison Eisinger said.

In a recent report on the future of Metro’s fare system, the agency outlined its plans for smoothing the transition to eliminating cash fares, which—according to Metro—will make boarding faster, ease conflicts between riders and drivers, and eliminate the need to periodically repair Metro’s 1,509 on-board fareboxes, which are a decades-old model that is no longer being produced. Replacing fareboxes with new ones that accommodate cash payments would cost around $29 million, Metro estimates—a substantial cost for a system that is still recovering from the pandemic. Cash riders also have to pay a second fare to transfer to Sound Transit trains and buses, a problem that will only become more acute as Metro terminates more routes at light rail stations.

The move toward a cashless on-board system is happening as Metro, Sound Transit, and other regional transit agencies switch to a new generation of ORCA cards that will cost less to purchase ($3 instead of the current $5 fee), include the option of tapping a smartphone app instead of a physical card, and allow people to ride with a negative balance of up to $2.75, the equivalent of a single bus fare.

“Our goal is not to put anyone in a position where they can’t access our service. We’re pulling out all the stops in trying to address all of the different barriers, and that’s why it’s going to take time and we’re going to continue to evaluate our ability to [go cash-free.]”—Carol Cooper, King County Metro

Although social service providers and advocates have argued for doing away with card fees entirely, at least for low-income riders, that’s unlikely; the fees will pay to set up the new system and distribute cards, including a $1.25-per-card fee to a contractor called Ready Credit Corporation, whose core business is prepaid debit cards.

Prior to the COVID pandemic, the amount of money Metro received from cash payments had declined steadily for several years, falling 40 percent between 2013 and 2019, when cash fares amounted to around $19 million. During the same period, the number of riders who said they used cash “on a regular basis” declined from 32 percent to 11 percent, according to the report. Over the last two years, however, the percentage of regular cash riders increased to 17 percent, largely because white-collar workers with employer-funded ORCA cards were no longer riding buses.

Metro’s report does not say how many people occasionally, as opposed to regularly, use cash. But even 11 percent of riders amounts to millions of bus rides a year—rides that will no longer be possible without an ORCA pass if and when Metro makes the switch.

During a stakeholder engagement process, representatives from groups representing “priority populations”—riders with disabilities, Black, Indigenous, and other People of Color (BIPOC) riders, low-income and homeless riders, and those whose primary language is not English—pointed to barriers that currently prevent many of their constituents from using ORCA cards.

According to the report, “Nearly half of riders who pay cash report that the reason they do not use ORCA is that they don’t ride enough to make it worthwhile.” However, “priority population” riders were also more likely than the general population say they use cash because it’s “easier, they do not have a credit or debit card, or can’t afford the card fee,” which even ORCA Lift pass holders have to pay every time they replace a card.  Many low-income riders, the report notes, don’t qualify for ORCA Lift passes, which are limited to people making less than 200 percent or less of the federal level, or around $27,000. Even among those who were eligible for ORCA Lift, about half still paid their fares with cash.

Metro’s Cooper says that as part of its transition away from cash, the agency is taking steps to make it easier for people to access ORCA passes, including low-income fares and reduced fares for people with disabilities. “Our goal is not to put anyone in a position where they can’t access our service,” Cooper said. “We’re pulling out all the stops in trying to address all of the different barriers, and that’s why it’s going to take time and we’re going to continue to evaluate our ability to [go cash-free.]” Continue reading “Metro Wants to Get Rid of Cash Fares. But Will Vulnerable Riders Be Left Behind?”

Downtown Seattle Could Get Storefront Police Precinct, Finalist for Sheriff Would Have to Go Back to Police Academy if Appointed

1. The Seattle Police Department could open a “mini precinct” in a storefront owned by the Low Income Housing Institute on Third Avenue downtown, and is also considering a second location at LIHI’s Frye Apartments in Pioneer Square, Mayor Bruce Harrell’s office and LIHI director Sharon Lee confirmed.

The Third Avenue storefront, a short-lived Shake n Shake location, is on the ground floor of LIHI’s Glen Hotel Apartments, a single-room occupancy low-income housing building. Before the pandemic, the block was home to a Kress IGA grocery store and a TJ Maxx discount store, but both shut down in 2020, leaving most of the block without a tenant to attract foot traffic. The site is one block from Third and Pine, a locus of the recent crackdown on street-level crime known as Operation New Day. According to Lee, the “illegal market activity” has gotten worse since police swept Third and Pine, as drug dealers and people selling shoplifted items moved to nearby locations.

Lee said people have broken in to the apartment building and slept, urinated, and defecated in the hallways and stairwells. “The residents upstairs are scared to come out at night; they’re scared to walk around the neighborhood,” Lee said. “So we decided to offer the city the use of the space as a place where community service officers or bike officers can use it to park their bikes, take a restroom break, write up reports, and keep an eye on the street.”

LIHI would provide the space to SPD at a “nominal” cost, Lee said.

The Frye Apartments, located across the street from Prefontaine Fountain and fenced-off City Hall Park, used to have a mini-precinct on the first floor, Lee said, but the space was occupied until recently by Aladdin Bail Bonds.

A spokesman for Harrell, Jamie Housen, said the mayor’s office “is in early stages of considering what a neighborhood precinct could look like. We are continuing to explore all options for enhancing public safety downtown, including a more permanent police presence.” The two LIHI buildings “have been offered as potential options, but are by no means the only locations being considered,” Housen said.
A spokesman for the Downtown Seattle Association said the DSA would welcome a permanent police presence downtown.“As we’ve seen over the past month, dedicated resources along Third Avenue have led to a safer, more welcoming environment. Sustaining this effort is essential for the people who live and work along Third, and it’s critical as more workers and visitors return to the heart of the city. … If a mini-precinct is an element that will help enhance safety, then it should be welcomed,” the spokesman said.

2. Interim King County Sheriff Patti Cole-Tindall, one of three finalists for the permanent sheriff position, would have to attend the state’s 19-week-long police academy and be certified by the state Criminal Justice Training Commission if she’s selected and confirmed as sheriff; during that time, an undersheriff chosen by Cole-Tindall would serve as sheriff, King County Executive Dow Constantine’s office confirmed.

Cole-Tindall, 57, mentioned the requirement during an interview with members of the press on Tuesday. Although Cole-Tindall attended the state’s Basic Law Enforcement Academy decades ago and is a commissioned officer, she spent most of her career outside of law enforcement, working as an investigator for the state Employment Security Division and the county’s labor relations director before joining the sheriff’s office as head of the Technical Services Division, which oversees a miscellany of operations, including courthouse security, the automated fingerprint ID system, and the county’s 911 system.

“[When] I went through [the police academy] 30 years ago, I was 30 years younger,” Cole-Tindall said. “And it’s a lot… It’s doing firearms, Taser, traffic stops—things that, as a police administrator, are not things I would be using on my day to day job.” Cole-Tindall said she would also have to pass a physical assessment test that includes “pushups, sit-ups, and squat thrusts” before entering the academy.

A spokesman for King County Executive Dow Constantine said that when the county has a permanent sheriff but the sheriff is unavailable, an undersheriff assumes the job. Although Cole-Tindall appointed Jesse Anderson as interim undersheriff when she became interim sheriff earlier this year, she could appoint a different undersheriff if she becomes permanent sheriff, and that person would then serve as sheriff in her absence.

Constantine will nominate a permanent sheriff in early May. The other finalists are Maj. Reginald Moorman from the Atlanta Police Department and Killeen, Texas police chief Charles Kimble.

Sheriff Finalists Announced; Sound Transit Moves to Reinstate Fare Enforcement, but Staffing Challenges Remain

1. King County Executive Dow Constantine announced three finalists for King County sheriff on Thursday: Charles Kimble, chief of the Killeen, Texas Police Department; Reginald Moorman, a major in the Atlanta Police Department; and King County’s current interim sheriff, Patti Cole-Tindall.

The next sheriff will be the first to be appointed to the office by the county executive since 1996, when voters made the sheriff an elected position. County voters passed a charter amendment reversing that decision in 2020, making the sheriff’s office an appointed position once again—a move supported by many police accountability advocates, who criticized former sheriff Mitzi Johanknecht for her handling of multiple high-profile shootings by sheriff’s deputies. Johanknecht didn’t seek the appointment.

Before joining the sheriff’s office in 2015, Cole-Tindall served as the director of the county’s labor relations unit and as interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office. A graduate of Central Washington University, Cole-Tindall began her career in law enforcement as a special agent with the Washington State Gambling Commission in 1991.

Reginald Moorman joined the Atlanta Police Department as a beat officer in 2001; he later served as the deputy director of a regional drug enforcement task force and as the commander of the department’s community-oriented policing, major crimes and airport security sections. Moorman is currently a precinct commander and adjunct professor in the criminal justice department at his alma mater, Georgia State University.

Charles Kimble spent most of his 25 years in law enforcement in North Carolina, including as the deputy police chief in Fayetteville and as the police chief in the smaller town of Spring Lake, both adjacent to Fort Bragg. He took over as police chief in Killeen, a small city near Fort Hood, in 2017; three years later, his department faced a lawsuit after Killeen police officers shot and killed a man while serving a no-knock warrant. Kimble is a US Army veteran and holds a bachelor’s degree in criminal justice from Liberty University, a Christian university in Virginia founded by evangelist Jerry Falwell Sr.

In the final stage of the selection process, the three finalists will meet with community, labor and municipal representatives from King County and take part in a series of public forums. Constantine plans to make a decision by early May, after which the King County Council will begin the confirmation process; the next permanent sheriff will likely take office by this summer.

2. The Sound Transit board’s executive committee approved a new fare enforcement policy on Thursday that brings back fines, court involvement, and the possibility of collections for riders who fail to pay fines for nonpayment. The policy still has to be adopted by the full Sound Transit board; as we reported Wednesday, board member Joe McDermott, a King County Council member, plans to introduce amendments that would take fare nonpayment out of the court system and would remove the possibility of collections.

Board members voted unanimously for the changes, which come after more than two years of debate over how to balance the need to collect fares (which currently fund about 5 percent of Sound Transit’s budget) with pressure to eliminate punitive policies that disproportionately target Black riders. During the pandemic, Sound Transit has experimented with various approaches, ranging from traditional fare enforcement to a pilot “fare ambassador” program in which non-uniformed staffers checked fares and provided information about low-income transit pass options, but did not issue tickets. Currently, according to a Sound Transit staff presentation, about 40 percent of riders do not pay the required fare.

Before voting for the changes, several board members expressed their opinion that the new fare policy—which provides several opportunities to resolve unpaid fares before fining riders, and eliminates the option of trespassing riders from the system—doesn’t go far enough to punish riders who fail to pay.

“When we’re thinking about equity, I also think about the equity of who’s paying for this system,” said board member (and Everett Mayor) Cassie Franklin. “Riders do need to pay for the system they’re using, because we have a lot of non-riders paying for the system right now. And I think that I fear that compliance will get worse, not better, with this current policy.” Franklin said she would like to change the policy in the future to start fining riders immediately after a second warning, rather than allowing them to avoid fines with alternatives like loading money onto a transit pass or attending a Sound Transit focus group.

Board member (and Pierce County Executive) Bruce Dammeier, who recently called Sound Transit trains “unsanitary and unsafe” and said he would not ride them, called the new policy “a little soft” on nonpaying riders, and said he would like to revisit the policy in six months “to determine what’s worked and what has not.”

3. In a separate meeting Thursday, Sound Transit’s Rider Experience and Operations Committee voted to continue the “fare ambassador” program and expand the fare ambassadors’ role to include fare enforcement, which the agency has renamed “fare compliance.” The proposal the committee adopted adds $1.3 million to the transit agency’s 2022 budget to hire up to 56 fare ambassadors this year.

That number could be optimistic. Sound Transit has struggled to hire fare ambassadors throughout the pilot period, which began in mid-September of last year. According to a Sound Transit spokesman, the agency had hoped to begin the program with 26 ambassadors , “but only 23 stayed on when we launched,”and the number of ambassadors “started declining from there.” Currently, there are 14 fare ambassadors, including supervisors, and 12 vacant positions.

According to a staff presentation at Thursday’s meeting, at current staffing levels, riders encounter a fare ambassador about 3 percent of the time; if the program was fully staffed, riders could expect to have their fare checked on one out of every three trips, the staffer said.

—Paul Kiefer, Erica C. Barnett

County Proposal Would Expand Right to Counsel Before Warrantless Searches

King County CouncilBy Erica C. Barnett

The King County Council is considering draft legislation that would give adults the right to consult with a defense attorney before being searched by officers with the King County Sheriff’s Office, a right the county and the city of Seattle extended to youth in 2020, and that state legislators expanded statewide last year.

King County Councilmember Reagan Dunn, a Republican who’s running for Congress in the 8th Congressional District, claimed in a letter to King County Department of Public Defense director Anita Khandelwal  release that the draft bill would “tie the hands” of police, “take away hundreds of hours of deputy time,” and “harm public safety and ultimately cost lives.”

“If police are required to call a defense attorney every time they talk to a subject, criminal investigation would grind to a halt,” Dunn’s letter says.

The bill, which is still in draft form (and has changed since Dunn wrote his letter), would require officers seeking a person’s consent for a search to provide access to a defense attorney before searching them or their belongings. The new requirement wouldn’t apply when police have a warrant; when police have a “reasonable suspicion” that the person has committed or is about to commit a crime; or when police have reason to believe delaying a search would result in a loss of evidence or harm to the public or police, among several other exemptions. A person could also decline a search outright and walk away without consulting with a defense attorney.

Anita Khandelwal, director of the King County Department of Public Defense, says the proposed legislation would help ensure that people understand their constitutional rights when an officer is asking them to waive those rights. “Studies show that most adults, regardless of race, aren’t aware that they have the right to refuse a search, do not feel free to refuse police requests to search, and frequently ‘interpret questions or suggestions as orders when they come from a person of authority.'”

In Seattle, Khandelwal said, Black people are stopped five times as often as white people, and Native Americans are stopped nine times more frequently.

Councilmember Girmay Zahilay, the head of the council’s law and justice committee, is the most likely sponsor for the legislation. On Thursday, he said he was still considering whether to sponsor the bill, and criticized Dunn for releasing an early draft that had been circulating among council members in a letter that incorrectly implied that it was “leaked.”

“If he had just asked the public defender to share it with him, they would have,” Zahilay said. “It’s not some secret conspiracy.”

The intent behind the bill, Zahilay continued, is to address the imbalance of power and information between officers and people who may not understand that they have the right to say no to being searched, or who may be intimidated by police. “People already have the right to consent or decline a search, and this gives them an added level of protection of being able to talk to a public defender,” Zahilay said. The law providing young people the right to speak to an attorney has been in place for more than a year, Zahilay added, and council members “haven’t heard of any complaints or issues” about the law creating an undue burden on officers.

County Councilmember Claudia Balducci, the former head of King County’s Department of Adult and Juvenile Detention, noted that the county is currently searching for a new sheriff, and is considering the recommendations of an advisory committee to improve public safety across the county.”I would rather us have a bigger plan that looks at all sides of the issue before we start making big changes, and I’d rather have the new sheriff on board,” Balducci said, but if the legislation is introduced, “I will honor that process. … I wouldn’t say I won’t consider this until we have a bigger plan in place.”

UW Can Keep Civilians Who Replaced Campus Cops, Choe Show Canceled, Dembowski Bows Out

1. The University of Washington prevailed earlier this month in a labor dispute with the union representing the officers of its campus police department, allowing it to move forward with a plan to the replace armed police officers in its residence halls with new, unarmed “campus safety responders” without going to the bargaining table. The decision by Washington’s Public Employee Relations Commission (PERC) could set the stage for other employers to shift some duties from sworn officers to unarmed civilian responders—a change that some in Seattle’s government see as a possible fix for the city’s shortage of sworn police officers.

After pressure mounted on the school’s administration in the summer of 2020 to reevaluate the role of armed police officers in campus security, UW president Ana Mari Cauce promised to expand the university’s existing civilian responder programs by adding a new team who could respond to non-criminal emergency calls, including welfare checks. Less than a year later, the university also opted to remove armed police patrols from its dorms, replacing them with a combination of in-house social workers and campus safety responders.

The rank-and-file police officers who previously patrolled the dorms objected to the new arrangement, filing an unfair labor practice complaint accusing the university of “skimming” some of their responsibilities to a new team of employees in violation of the university’s contract with their union.

PERC sided with the university, ruling that the decision to use civilians instead of sworn officers to patrol the dorms has a “limited impact” on the police officers themselves—an impact, they wrote, that is outweighed by UW’s “compelling interest” in rethinking how it approaches campus safety. According to the ruling, the change did not require UW to lay off or cut the pay of any police officers, nor did it reduce opportunities for the officers to work overtime. The PERC ruling also noted that UW has only hired four campus safety responders since January, resulting in hardly any change to who responds to emergency calls on campus. Between September of 2021 and the start of this month, sworn UW police officers received 205 dispatches to residence halls; the campus safety responders received only six.

The ruling could be significant in Seattle, where city council members and members of Mayor Bruce Harrell’s staff have expressed interest in shifting some responsibilities from sworn police officers to civilian units like the Community Service Officers (CSOs) and parking enforcement officers. Although the Seattle Police Officers’ Guild (SPOG) has generally opposed reducing officers’ responsibilities, SPD’s ongoing staffing shortage has increased pressure on elected officials to find ways to allow SPD officers to focus on serious crimes by assigning more responsibilities to civilians.

2. King County Councilmember Rod Dembowski quietly bowed out of the race to replace King County Prosecuting Attorney Dan Satterberg less than two months after he filed for candidacy in early January. Dembowski told PubliCola that he filed to “take a look at the race,” but he did not elaborate about his decision to drop out. The remaining candidates include the King County Prosecutor’s Office’s current chief of staff, Leesa Manion, as well as former deputy prosecuting attorney Stephan Thomas and current Federal Way Mayor Jim Ferrell.

3.KOMO TV, which is owned by the national conservative broadcasting conglomerate Sinclair Broadcast Group, fired reporter Jonathan Choe today after Choe posted flattering coverage of a rally by the Proud Boys, a white nationalist group, to protest the continued detention of those implicated in the January 6 attack on the US capitol.

Choe promoted the rally in a series of tweets that included a montage of protest footage set over a white nationalist anthem known as the “Männerbund,” which includes the lyrics, “In our own towns we’re foreigners now, our names are spat and cursed/ The headline smack of another attack, not the last and not the worst.” That tweet, which Choe later deleted, encouraged readers and KOMO viewers to come down and meet with the Proud Boys, who would stay on hand to “mingle and answer questions if anyone is interested in learning more about their cause and mission.”

In a second tweet, Choe praised the Proud Boys for being polite and allowing him to “record freely on public property without interference. No umbrellas or hands in my face.” The latter was a reference to Choe’s frequent claims that he is targeted by protesters or “antifa”. On his feed, Choe frequently tags Andy Ngo, a Twitter provocateur who has written sympathetically about the Proud Boys and has worked tirelessly to demonize “antifa” (which he characterizes, inaccurately, as an organized, violent group of militants) to his right-wing audience.

PubliCola independently confirmed Choe’s firing. David Neiwert, reporting for DailyKos, received a statement from KOMO saying the station “did not direct or approve Jonathan Choe’s decision to cover this weekend’s rally, nor did his work meet our editorial standards.”

Choe is best known in Seattle for his efforts to confront and elicit reactions from unsheltered people and their advocates, including mutual aid volunteers. His Twitter feed is an avalanche of footage showing people in crisis and commentary condemning homeless people for existing in public, including endless poverty porn-style videos of people living unsheltered.

Although KOMO has an official policy of “objectivity,” Choe’s feed overflows with over-the-top praise for city workers conducting sweeps of homeless encampments. (“GAME OVER,” he tweeted repeatedly during a recent sweep of tents across the street from City Hall). On many occasions, Choe has started on-camera confrontations with volunteers and activists working with unsheltered people, even identifying some to his readers (and tagging Ngo) as “antifa.” (Choe has blocked us on Twitter, along with many other local reporters following this story.)

Sinclair, which produced the infamous “Seattle Is Dying” series, expressed no public concerns that Choe’s coverage of homelessness was exploitative and misleading, nor that it put homeless people in danger and violated their right to privacy. For KOMO, advocating for white supremacy appears to have been a bridge too far; posting videos condemning homeless people for existing in public, apparently, was not.

—Paul Kiefer, Erica C. Barnett

PubliCola Interviews King County Prosecutor Candidate Stephan Thomas

by Paul Kiefer

When longtime King County Prosecutor Dan Satterberg announced his retirement in January, his office was in the middle of a decade-long transformation. Since Satterberg took over 15 years ago, the King County Prosecutor’s Office has branched out beyond standard prosecution, partnering with felony diversion programs for young adults and launching a new unit to review and correct excessive prison sentences imposed in the past. The race to replace Satterberg will determine whether King County voters believe those transformations moved the prosecutor’s office in the right direction—or whether the office needs to shift further in the direction of restorative justice.

Stephan Thomas emerged as a Satterberg critic nearly a year before he entered the race last month. After Satterberg challenged a Washington Supreme Court decision requiring judges to consider a defendant’s age when sentencing children in adult courts, Thomas wrote an a Seattle Times op-ed condemning Satterberg for “doubling down on a racist practice that fails to keep our community safe”; Satterberg’s attempt to appeal the decision to the US Supreme Court later failed.

Thomas is no stranger to the King County Prosecutor’s Office. He joined the office as an intern in 2010; became a deputy prosecutor a year later, spending six years as a trial attorney in the criminal division; and ascended into Satterberg’s executive team in 2017 to lead the office’s community justice initiatives before departing two years later. He now teaches law in an adjunct position at Seattle University.

PubliCola sat down—virtually—with Thomas to discuss his priorities for the prosecutor’s office.

PubliCola: You cite Satterberg’s defense of Washington’s so-called “auto-decline” law, which requires the state to prosecute children as adults for some crimes, as a key reason for your decision to join this race. If you are elected to be King County’s next prosecutor, how would you approach a case involving an underage defendant accused of a serious felony?

Stephan Thomas: The first thing I think of is a case that happened not so long ago in which two teenager shot and killed two people in an encampment under I-5 called the Jungle. They were charged as adults, and they ended up getting sentenced to TWO? decades in prison. It didn’t seem like anyone sat back and looked at the failed systems that lead to those kids being in that situation in the first place. First things first, we need space to be able to ask those questions. There were multiple missed opportunities that we had to reach them, and no one else has been held accountable except for these young men. And the only accountability in that case, or quote-unquote accountability, is sending them to prison for multiple decades.

PC: In a practical sense, what does that mean? Does it mean lobbying for the state law to change, or does it mean simply improving our interventions upstream so you don’t wind up prosecuting young people for murder?

ST: People need to recognize that the prosecutor has a powerful advocacy role. And even with the law as it stands, we have the ability right now to look back at what might have brought a young person into contact with the prosecutor’s office to identify holes that we need to fill. It might be education, it might be housing, and it might be mental health treatment opportunities—those are also things the prosecutor can advocate for. I also think we don’t accomplish the goal of rehabilitation by transferring young people into the adult prison system. We need to advocate for the state to lengthen the amount of time a person can be held in the juvenile detention system.

PC: King County’s jail population plummeted during the pandemic, in part because the County decided it could reduce the risk of COVID-19 transmission by not filling the jails with people booked for nonviolent misdemeanors. Those restrictions will end once the pandemic subsides, which could mean the jail population rises once again. As elected prosecutor, how would you advise the county to approach detention in a post-COVID world?

ST: I’m looking for other opportunities to be able to secure people in a place that is not in a cage. Can the King County Jail be reformatted or reformed in a way that’s much more rehabilitative than steel cages? Can we recognize that a jail cell is not a place for someone to get the help that they need? Right now, it seems like we’re just trying to nibble around the edges. We decide that certain people won’t go to jail for certain offenses, at least temporarily. That isn’t a long-term fix, and jail has never been a long-term fix.

PC: The next elected prosecutor will need to find a way to work with the City of Seattle if it goes forward with a policing strategy that targets so-called crime ‘hot spots.’ Do you think there’s a way for that strategy to be effective?

ST: Look at what happened. We cleaned up [12th Ave S. and S. Jackson St.], and people moved to [Third Ave. and Pike St.]. Then two people get shot and killed there. So, we move people off that corner, but the same thing will happen over and over again. What we should have done, and what I would advocate we do if I’m prosecutor, is start with outreach teams from housing and service providers. We should take time to figure out what people at a corner need, and then we should make sure we have real opportunities for housing, job training, and treatment to offer—not just hollow offers, which is often the case now.

It is a shame we’re telling these business owners the best thing and the only thing we can offer is to lock up everyone on the street outside. That shouldn’t be the first step. Growing up in Chicago in the 1990s, I saw that first-hand. They turned up with the police and battering rams, busted down doors, sent people to prison, and said it would make our community safer. All we got was mass incarceration, our community remaining under-resourced, and families being broken apart.

It is a shame we’re telling these business owners the best thing and the only thing we can offer is to lock up everyone on the street outside. Of course, if we exhaust all other options, then law enforcement should come in, but that shouldn’t be the first step. Growing up in Chicago in the 1990s, I saw that first-hand. They turned up with the police and battering rams, busted down doors, sent people to prison, and said it would make our community safer. All we got was mass incarceration, our community remaining under-resourced, and families being broken apart. Right now, it feels like we’re going back to that era. As prosecutor, I would want to push the prosecutor’s office and its partners to think about providing services first instead.

PC: As prosecutor, you would also lead an office that sexual assault survivors frequently criticize for doing too little to support victims of sexual assault. What would you say to sexual assault survivors mulling their options in this race?

ST: Right now, the court process is horrible for survivors. I’ve talked with prosecutors who told me that if one of their children was assaulted, they would not want to send them through the court system to seek justice. They know that once you get into the court system, you get cross-examined, you are made out to be a liar, and the entire experience only does more harm. I would try to figure out what we can do to provide all survivors with the support they need, and a first step towards that is recognizing that not every survivor will want to use the courts as a path towards healing. We only get a small percentage of people who have caused harm before a judge, so we’re already missing the vast majority of sexual assault cases. For now, I would look for ways to find more community support for survivors, so survivors who may not feel comfortable participating in the process or confident that the system will bring them peace of mind have someone to listen to them and care about them.

PC: Though you certainly have experience in the prosecutor’s office, you are also the candidate with the least executive experience. What makes you more prepared to lead the prosecutor’s office than the other candidates in this race?

ST: I’m personally impacted by the issues the prosecutor’s office deals with. I’ve had personal experiences as a victim of crime, as a gang member, as a trial attorney. I’ve handled domestic violence and sexual assault cases. I’ve been on the executive team. I’ve been a trainer for prosecutors across the country. Given all those experiences, I am uniquely positioned to understand the impact of what the prosecutor’s office does. I am also the candidate who is really being honest about how the current system is failing us.

The only path forward is for us to look towards transformation, to build something that is not built on the foundation of racism and discrimination and instead aims for true safety and rehabilitation for everyone who comes into contact with it. are built on a pathway of true safety and restoration. The other candidates are talking about nibbling around the edges. Right now, we’re returning to the mistakes of the 1990s. If you want real transformation, if you want someone who’s going to be really honest with you, that’s me.

PubliCola Interviews King County Prosecutor Candidate Leesa Manion

Leesa Manion headshotBy Paul Kiefer

Longtime King County Prosecutor Dan Satterberg announced his retirement in January, setting in motion what is sure to be a heated race to fill a position with enormous sway over how King County balances new restorative justice projects with traditional prosecution.

Leesa Manion, Satterberg’s chief of staff, was the first candidate to step forward to replace the 15-year incumbent. Since Manion first joined the King County Prosecutor’s Office 27 years ago, the office has branched out beyond prosecution, partnering with felony diversion programs for young adults and launching a new unit to review and correct excessive prison sentences imposed in the past.

But the prosecutor’s office has critics on both the left and the right, including law enforcement groups who accuse prosecutors of being too lenient and civil liberties groups who condemn Satterberg’s defense of a Washington state law requiring children charged with some serious crimes to be tried as adults.

PubliCola sat down—virtually—with Manion to discuss her priorities for the prosecutor’s office.

PubliCola: Fear of crime was a driving force in Seattle’s most recent election, and it will likely remain a driving force in the race for King County Prosecutor. You’ve said that one of your goals is to combat myths about crime and public safety. What’s one of the most widespread misconceptions about crime and public safety in Seattle, and what problems do misconceptions about crime create for the prosecutor’s office?

Leesa Manion: I was in a meeting just earlier this week where people were asking why juvenile crime is out of control. The truth is that juvenile crime is down, even while crime committed by adults is up. If we don’t share that information and share it often, it doesn’t allow people to know that some of the juvenile diversion strategies we’ve had in place for years are working—and that the public can have faith in them.

PC: Several county officials, including one of your opponents, Federal Way Mayor Jim Ferrell, have criticized the prosecutor’s office for expanding juvenile and adult diversion programs. How do you make the case to skeptics that diversion should be a larger component of the county’s public safety strategy?

LM: I know that there’s a great deal of frustration in our community right now regarding public safety, and especially with regards to organized retail theft, catalytic converter theft, and other commercial crimes. I have always been proud of the fact that the folks in Seattle and King County are compassionate, and I know their compassion has been tested.

“I think that every person who is arrested, convicted and sent to prison as a result of Operation New Day will eventually be released. We have an obligation to make sure each of them comes back out with a different skill, that they can access opportunities and get back on their feet.”

I also know that our citizens are super smart. And they understand that there is a difference between individuals who are systematically preying upon businesses and others to profit off their criminal acts, versus the individuals who are acting out of a mental health disorder, substance use disorder, or behavioral health issue. And both populations, if you will, are deserving of accountability. But accountability looks different for different people. And as we know from our juvenile diversion programs, because we’re getting fewer young people referred to the prosecutor’s office than ever before, diversion works. It can be evidence-based, and it can be very effective.

PC: At the same time, you appeared at a press conference last Friday to announce the early results—mostly arrests—of the Seattle Police Department’s Operation New Day, a crackdown on so-called “hot spots” for the trade in stolen merchandise and drugs in Little Saigon and downtown. How does “hot spot” policing mesh with your vision for a more sustainable, long-term public safety strategy in King County?

LM: I don’t like the phrase “hot spot,” but that’s not the question. I do think focused enforcement can have an impact. If you walk around [12th Ave. S. and S. Jackson St.] today, it feels vastly different than it did two months ago. Individuals who are preying on others, dealing dangerous drugs, and targeting businesses need to be held accountable. That said, I think there’s a belief that the criminal justice system should prosecute people, put them in prison and throw away the key. I don’t think that’s effective or warranted. I think that every person who is arrested, convicted and sent to prison as a result of Operation New Day will eventually be released. We have an obligation to make sure each of them comes back out with a different skill, that they can access opportunities and get back on their feet.

PC: During that press conference, you mentioned that you are working with Seattle City Attorney Ann Davison’s office to aggregate some misdemeanor theft charges into felony charges based on the value of the items that a person stole or the number of times they shoplifted. Why do you feel that is necessary, and if you were elected prosecutor, would you use the same strategy on a larger scale?

LM: I would do that in areas that have really extreme challenges. Business owners in the downtown core are asking for relief from organized retail theft. They are closing their shops and their customers are afraid. In that context, it makes sense to aggregate misdemeanor charges to combat things like organized retail theft. Do I think that’s warranted in every single misdemeanor case? No. I don’t think we would aggregate a bunch of misdemeanor trespass cases into a felony. Someone who is sleeping in a doorway or someone who, because of mental illness, is still frequenting businesses where employees have to tell them to leave doesn’t need a felony charge. Those individuals can be referred to service providers. Aggregating charges is not a blanket approach.

PC: Speaking of communicating across offices, how do you think the county should approach booking restrictions at King County jails once COVID winds down? Right now, the county is starting to loosen its rules up a bit, but the restrictions on booking people for nonviolent misdemeanors are still in place.

LM: Like most things, you’re not going to be able to solve the complex problems that show up at the doors of the criminal justice system with an all-or-nothing approach. You really have to do an individual examination of each case, and you have to be thoughtful about how you use your resources. I don’t think you can say, “everyone gets booked,” and I wouldn’t get behind that. I also don’t think you can say, “no one gets booked.” Those are false choices.

PC: But the current booking restrictions aren’t all-or-nothing, so isn’t that a bit of a straw man?

LM: I think that there’s a common misunderstanding that booking restrictions are all-or-nothing. Say you wanted to have blanket restrictions on booking people for all misdemeanors. I don’t think you can do that, because there might be someone who is facing a misdemeanor charge but who has something very troubling in their criminal history or they’re currently under investigation for a serious crime. Until we share that information with the jail or get that information from law enforcement, and before we can assess our options, it’s hard to have a blanket policy saying that we can’t book them.

“Business owners in the downtown core are asking for relief from organized retail theft. They are closing their shops and their customers are afraid. In that context, it makes sense to aggregate misdemeanor charges to combat things like organized retail theft.”

Similarly, I don’t think you can say that out an abundance of caution, we should book everyone. There are probably a lot of individuals who commit nonviolent crimes and who we could effectively navigate to service providers. That said, we might see a 30-day rise in the number of people in the jail if there’s a new emphasis patrol or a new focused enforcement spot. With Operation New Day, there might be an extra 10 people in the jail on an average day than there were before it. If you take credit for jail numbers going down, you have to be prepared to take heat when they go back up. Continue reading “PubliCola Interviews King County Prosecutor Candidate Leesa Manion”